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GOSHO COMPANY v. THE S.S. PELICAN STATE

151 F.Supp. 780 (1957)

The GOSHO COMPANY, Ltd., Libelant, v. THE S.S. PELICAN STATE, etc., States Marine Corporation and States Marine Corporation of Delaware, Respondents.

United States District Court S. D. New York.

March 12, 1957.

Attorney(s) appearing for the Case

Hill, Rifkins, Middleton, Louis & Warburton, New York City, for libelant.

Kirlin, Campbell & Keating, New York City, for respondents.

WEINFELD, District Judge.

This is a motion to overrule respondent's exception to interrogatories propounded by libelant in an action to recover damages for cargo loss caused by a fire aboard the respondent's vessel the S.S. Pelican. The respondent has pleaded in defense the Fire Statute, 46 U.S.C.A. § 182. Libelant can meet this defense only by establishing "design or neglect of [the] owner". This imposes a heavy burden upon libelant since a showing of negligence...

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